Abortion Law Reform: the Importance of Democratic Change
142 UNSW Law Journal Volume 35(1) ABORTION LAW REFORM: THE IMPORTANCE OF DEMOCRATIC CHANGE JENNY MORGAN* I INTRODUCTION This article explores recent parliamentary reform of the law concerning abortion in Victoria.1 While the focus is Victorian, the article also touches on the situation in a variety of Australian states and territories as well as some of the history of abortion regulation. The article is particularly concerned with the processes of law reform, and the role of parliament as a law reform body; it thus has relevance beyond both the Australian and abortion contexts. While courts in Australia, as elsewhere, have widened access to abortion, the example pursued here shows that parliaments are certainly capable of enacting progressive reform legislation on abortion, and having an informed and engaged debate on the issue. Abortion provides a particularly fascinating area to examine from the perspective of an exploration of law reform processes. It is, or at least was until the recent reforms in Victoria, an area where the law on the books – the criminal law – was apparently draconian,2 but judicial interpretation had substantially increased access.3 Notwithstanding, the law was perceived by many members of the medical profession as uncertain,4 and indeed, occasional prosecutions of * Professor, Melbourne Law School, University of Melbourne. The research and writing of this article was supported by the ARC: DP 0771888. The author would like to thank, in addition, Cosima MacRae and the Law Library Research Service for research assistance, Natalie Burgess for editorial assistance, and Regina Graycar, Camille Cameron and the anonymous referees, all of whom read earlier drafts and provided really useful comments.
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